This was a claim by the Widow for the Deceased’s exposure to asbestos dust.
The claim was against the Deceased’s former employer as First Defendant and the parent company as a Second Defendant. The claim made was that the Deceased suffered from asbestosis and from lung cancer as a consequence of the exposure to asbestos dust over a period of two years in the late 1950’s and early 1960’s.
The First Defendant was an insolvent company and the insurance that was traced for the First Defendant covered the lung cancer element but not the asbestosis element. The Second Defendant remained solvent.
Limitation was an issue as the Defendants alleged the Deceased should have been aware of the asbestosis twenty years earlier and causation was disputed. The Deceased had been a smoker and asbestos related disability was 20% and non asbestos related disability was 50%. The co-morbidities also reduced the Claimant’s life expectancy.
The parent company denied that it owed a duty of care or that a breach by the First Defendant could render it liable. Both Defendants contributed to the settlement.